Shueler v. Levy

The mortgaged premises, consisting of a house and lot in the borough of the Bronx, were owned by one Joseph Rosen up to the time of his death in 1899. The first floor was used by the owner as a store in which he carried on a tobacco business. The second floor was occupied *26by himself and his wife for dwelling purposes, and the third floor was rented out. The premises were subject to a mortgage held by the plaintiff, who is a daughter of the wife by a former marriage. The present action was brought to' foreclose this mortgage, and the surplus is claimed by the widow and by the three children of…